798                               LAWS OF MARYLAND                        [CH. 538

structure or its materials to be removed from realty is a contract for
the sale of goods within this Sub-title if they are to be severed by
the seller but until severance a purported present sale thereof which
is not effective as a transfer of an interest in land is effective only
as a contract to sell.

(2)  A contract for the sale apart from the land of growing crops
or other things attached to realty and capable of severance without
material harm thereto but not described in subsection (1) is a con-
tract for the sale of goods within this Sub-title whether the subject
matter is to be severed by the buyer or by the seller even though it
forms part of the realty at the time of contracting, and the parties
can by identification effect a present sale before severance.

(3)   The provisions of this section are subject to any third party
rights provided by the law relating to realty records, and the contract
for sale may be executed and recorded as a document transferring
an interest in land and shall then constitute notice to third parties
of the buyer's rights under the contract for sale.

Part 2

Form, Formation and Readjustment of Contract
2—201. Formal Requirements: Statute of Frauds.

(1)  Except as otherwise provided in this section a contract for
the sale of goods for the price of $500 or more is not enforceable by
way of action or defense unless there is some writing sufficient to
indicate that a contract for sale has been made between the parties
and signed by the party against whom enforcement is sought or by
his authorized agent or broker. A writing is not insufficient because
it omits or incorrectly states a term agreed upon but the contract is
not enforceable under this paragraph beyond the quantity of goods
shown in such writing.

(2)  Between merchants if within a reasonable time a writing in
confirmation of the contract and sufficient against the sender is re-
ceived and the party receiving it has reason to know its contents, it
satisfies the requirements of sub-section (1) against such party
unless written notice of objection to its contents is given within ten
days after it is received.

(3)  A contract which does not satisfy the requirements of sub-
section (1) but which is valid in other respects is enforceable

(a)  if the goods are to be specially manufactured for the buyer
and are not suitable for sale to others in the ordinary course of the
seller's business and the seller, before notice of repudiation is received
and under circumstances which reasonably indicate that the goods
are for the buyer, has made either a substantial beginning of their
manufacture or commitments for their procurement; or

(b)  if the party against whom enforcement is sought admits in
his pleading, testimony or otherwise in court that a contract for sale
was made, but the contract is not enforceable under this provision
beyond the quantity of goods admitted; or

(c)  with respect to goods for which payment has been made and
accepted or which have been received and accepted (Section 2—606).